The exam copying exception in section 200(1A) of the Copyright Act allows schools and TAFE to copy and communicate material for the purpose of conducting or answering a question in an exam. Staff can rely on the exam copying exception to use copyright material in exam questions, and students can rely on the exception to use copyright material in their answers.
The exam copying exception applies to all types of material (eg images, text, music, videos and films).It applies to both paper and online exams, as long as they are an assessable component of the course. You can’t rely on it for example exam papers or practice quizzes. These uses are likely to be covered by either the Statutory Text and Artistic Works Licence or another educational exception.
Who can rely on the exam copying exception?
The exception applies to anyone copying or communicating material for use in exams. This would include schools as well as curriculum bodies like the Australian Curriculum, Assessment and Reporting Authority (ACARA) and state based curriculum bodies like the WA School Curriculum and Standards Authority.
What types of copyright material can I copy for use in examinations?
Any material, including, but not limited to films, songs, radio broadcasts, poems, short stories and textbooks in any format, can be copied for use in an exam.
Does it matter if the exam is conducted in person or online?
The exam copying exception applies to both in-person/pen and paper and online exams or assessments.
Is there a requirement to label material copied under the exam copying exception?
There is no requirement to label material copied under the Exam Copying Exception. However, we recommend that it is best practice to mark material copied for take home exams with the following notice to limit potential liability of the school or TAFE in the event that a student uses the content in a way that may infringe copyright.
[WARNING]
This material has been copied [and communicated to you] in accordance with the exam copying exception in section 200(1A) of the Copyright Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice.